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“Section 143(1)”

Section References (mined)Section 143Section 143(1)13,466 judgments

The decision most relied on for Section 143(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on Section 143(1)

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. Reliance Utilities & Power Ltd.
313 ITR 340 · 2009 · High Court
2,118
citing judgments

Where an assessee claims that investments were made out of own funds, interest disallowance under Section 14A read with Rule 8D may not apply if the assessee demonstrates the availability of sufficient interest-free funds to cover such investments.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

Judgments citing Section 143(1)

Arya Financial and Investment Consultancy Services Pvt Ltd, Mumbai vs. ITO, Ward 6(1)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2597/MUM/2022[2020-21]Status: DisposedITAT Mumbai23 Dec 2022AY 2020-21

Bench: Shri Aby T. Varkey, Jm & Shri M. Balaganesh, Am आयकर अपील सं/ I.T.A. No. 2597/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2020-21) Arya Financial & बिधम/ Ito, Ward-6(1)(1) Investment Consultancy M. K. Road, New Marine Vs. Services Pvt. Ltd. Lines, Mumbai-400020. 801C Wing Godrej Coliseum Off Somaiya Hospital Road, Sion East, Mumbai-400022. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaca9622P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hitesh Trivedi Revenue By: Shri Vaibhav Jain सुनवाई की तारीख / Date Of Hearing: 14/12/2022 घोषणा की तारीख /Date Of Pronouncement: 23/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee An Individual Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac. Delhi Dated 14.08.2022 For Ay. 2020-21. 2. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice That This Is A Peculiar Case Wherein The Assessee Had Filed An Appeal Before The Ld. Cit(A)/Nfac Against Order/Intimation Passed By Cpc, Bangalore U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 3 The Cpc Vide Intimation Dated 23.12.2021 Assessed Total Income Of Assessee At Rs.9,63,080/- Whereas The Assessee Had Returned An Income To The Tune Of Rs.4,05,130/-. Against This Intimation Dated 23.12.2021, The Assessee Filed An Appeal Before The Ld. Cit(A)/Nfac On 19.01.2022; & When The Appeal Was Pending Before The Ld.

For Appellant: Shri Hitesh TrivediFor Respondent: Shri Vaibhav Jain
Section 143(1)Section 154

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI M. BALAGANESH, AM